90th General Assembly
Summary of SB0843
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Senate Sponsors:
CULLERTON.

House Sponsors:
BRADFORD

Short description: 
TORT IMMUNITY-PUBLIC PROPERTY                                              

Synopsis of Bill as introduced:
        Amends the Local Governmental  and  Governmental  Employees  Tort      
   Immunity  Act.   Amends language providing that neither a local public      
   entity nor a public employee is liable  for  an  injury  caused  by  a      
   failure to supervise an activity on or the use of any public property.      
   Creates  an  exception  in the case of willful and wanton conduct of a      
   local public entity or public employee  that  proximately  causes  the      
   injury.   Effective immediately.                                            
        SENATE AMENDMENT NO. 1.                                                
        Deletes the provisions of existing law regarding swimming  pools.      
   Deletes  language  providing  that  the  exemption  from liability for      
   injuries caused by a  failure  to  supervise  an  activity  on  public      
   property is subject to any exception elsewhere in the Act.                  
          FISCAL NOTE, AMENDED (Dept. of Labor)                                
          No fiscal impact will be incurred by the Dept.                       
          JUDICIAL NOTE                                                        
          It is not possible to determine the bill's impact on the need        
          to increase the number of judges in the State.                       
          STATE MANDATES FISCAL NOTE, HOUSE INTRODUCTION (DCCA)                
          This legislation fails to create a State mandate.                    
        GOVERNOR'S AMENDATORY VETO MESSAGE                                     
        Recommends: (i) deleting all amendatory provisions in the enrol-       
   led bill and (ii) adding amendatory language providing that, where a        
   local public entity or public employee designates a part of public          
   property to be used for purposes of swimming and establishes and de-        
   signates by notice posted upon the premises the hours of such use,          
   "neither the entity nor public employee is liable for an injury unless      
   the entity or public employee has actual notice that an individual is       
   in need of assistance and is guilty of willful and wanton conduct           
   proximately causing injury" (current law provides that "the entity or       
   public employee is liable only for an injury proximately caused by its      
   failure to provide supervision during the said hours posted").              
 
Last action on Bill: BILL DEAD-AMENDATORY VETO

   Last action date: 97-10-30

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


   END OF INQUIRY 



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